Court of Appeal President Justice Patrick Tebutt agreed yesterday, to set aside the four strokes that the convict was handed with the sentences. Morapedi had implied he was over 40 years and therefore he cannot be caned under the law.
Tebutt reminded the state, represented by Phadi Solomon that in the past, the court has ruled that long sentences should not be accompanied by strokes. However, Morapedi will serve a 10 and 12 year jail terms for various offences. In total he will serve 37 years in jail.
Justice Tebutt expressed sympathy with him but said the court’s hands are tied because the two crimes were committed subsequent to the armed robbery.
As a result, the sentences cannot run concurrently. Tebutt said he was unable to assist Morapedi because he had not appealed the two sentences - but only the one of 12 years.
He advised him that he could note a late appeal on the two sentences and perhaps the Court of Appeal could be persuaded to grant him audience, depending on the reasons he would advance.
Today the court will begin answering substantive cases, both civil and criminal.
The highlight of the criminal cases will be the appeal of death-row prisoner, Mothusi Phiri who is challenging his sentence.
Yesterday, Phiri was in court and he looked relaxed as he conversed with relatives and friends.
He is represented by attorney Kgafela Kgafela. Phiri is also serving five years for attempted murder.
